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Case Challenges Georgia’s Burden of Proof in Intellectual Disability Cases

March 19, 2021

Lawyers for Rodney Young, a man on Georgia’s death row, have asked the Georgia Supreme Court to find the state’s requirement that people facing the death penalty must prove intellectual disability beyond a reasonable doubt unconstitutional, following the United States Supreme Court decisions in Hall v. Florida and Moore v. Texas. While Georgia was the first state in the country to exempt people with intellectual disability from the death penalty, it is the only state in the country to require proof beyond a reasonable doubt. No one convicted of malice murder in Georgia has ever been able to meet that high burden of proof.

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